[R.O. 1993 § 235.190; Ord. No.
333 Art. XIX, 11-24-1980; Ord. No. 791 § 1, 8-24-2005]
A. Definitions. As used in this Section, the following terms shall have
these prescribed meanings:
LITTER
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand,
gravel, slag, brickbats, metal, plastic and glass containers, broken
glass, dead animals or intentionally or unintentionally discarded
materials of every kind and description.
B. It Shall Be Unlawful To Litter. A person commits the offense of littering
if he/she dumps, deposits, throws, leaves, causes or permits the dumping,
depositing, placing, throwing or leaving of litter, or allows unsecured
materials to drop or shift off of vehicle loads, onto any property
in this City or any waters in this City unless:
1.
The property is designated by the State or by any of its agencies
or political subdivisions for the disposal of such litter, and such
person is authorized by the proper public authority to use such property;
and
2.
The litter is placed into a receptacle or container installed
on such property; or
3.
The person is the owner of such property, has obtained consent
of the owner, or is acting under the personal direction of the owner,
all in a manner consistent with the public welfare.
C. Evidence Of Littering.
1.
Whenever litter is thrown, deposited, dropped or dumped from
any motor vehicle, boat, airplane or other conveyance in violation
of this Section, it shall be prima facie evidence that the operator
of the conveyance has violated this Section.
2.
Except as provided in Subsection
(C)(1) above, whenever any litter which is dumped, deposited, thrown or left on property in violation of this Section is discovered to contain any article, including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Section.
D. Penalties. In addition to the penalties set out in the general penalty
Section of the City Code, the court may:
1.
Order the violator to reimburse the City for the reasonable
cost of removing the litter when the litter is or is ordered removed
by the City; and/or
2.
Order the violator to pick up and remove any and all litter
from any public property, private right-of-way for a distance not
to exceed one (1) mile or, with prior permission of the legal owner
or tenant in lawful possession of private property, any such private
property upon which it can be established by competent evidence that
he/she has deposited litter, including any litter he/she has deposited
and any litter deposited thereon by anyone else prior to the date
of execution of sentence.